Simon Jatti V. John Duwal (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from the Judgment of Adamawa State High Court in its appellate jurisdiction in APPEAL NO: ADSM/10A/2008 -SIMON W. JATTI VS. JOHN DUWAL delivered on the 14th day of December, 2011, wherein the appeal of the Appellant was found to be unmeritorious and subsequently dismissed.

The Appellant, dissatisfied with the Judgment of the lower court obtained leave of the lower court to appeal on grounds of mixed law and facts. He appealed on two grounds vide the Notice of Appeal dated and filed on 12th March, 2012.

The learned Counsel for the Appellant formulated two issues for the determination of the appeal. The issues are reproduced as follows:-

“1. Whether the High Court was justified in holding that the Plaintiff/Appellant had locus standi to institute the action? (Distilled from ground 1).

2. Whether the dismissal of the appeal of the Appellant by the High Court (in effect, affirming the Judgment of the Upper Area Court which conferred title to the whole land on the Plaintiff) was justified when the Plaintiff failed to prove his title to the land? (Distilled from ground 2)”.

The learned Counsel for the Respondent in his own case formulated a lone issue for the determination of the appeal. The issue is reproduced as follows:-

“Whether from the claim and the preponderance of evidence adduced at the trial court, the lower court was right in dismissing the appeal before it and affirming the decision of the Upper Area Court”.

At the hearing, learned Counsel for the Appellant referred to the Appellant’s Brief of Argument which was filed on 14/5/2013 but deemed properly filed and served on 8/10/2013.

He adopted the said Appellant’s Brief of Argument as his argument in urging that the appeal be allowed.
The learned Counsel for the Respondent also referred to the Respondent’s Brief of Argument filed on 20/11/2013 but was deemed as properly filed and served on 26/2/2014. He adopted the said Brief as his argument in urging that the appeal be dismissed.

I have carefully examined the issues formulated for determination of the appeal on behalf of the parties in this appeal and it is my view that the issues formulated on behalf of the Appellant are apt and relevant for the determination of this appeal. I will therefore rely on it.

ISSUES 1 AND 2 (TAKEN TOGETHER)

“Whether the High Court was justified in holding that the Plaintiff/Appellant had locus standi to institute the action.

“Whether the dismissal of the appeal of the Appellant by the High Court (in effect, affirming the Judgment of the Upper Area Court which conferred title to the whole land on the Plaintiff) was justified when the Plaintiff failed to prove his title to the land”.